Research On The Handling Of The Problem Of Civil And Administrative Crossover In Housing Registration Cases

With the increasing number of disputes of housing registration, housing registration cases for the Problem of Civil and Administrative Crossover how to deal with the problem are more and more attention from all circles of the society. Facing the existing defect treatment of housing registration cases of civil and administrative crossover question in judicial practice increasingly, in-depth study of housing registration cases cross question terms for processing, for the unified judicial referee scale, improve judicial efficiency, safeguard judicial authority, has the significant theory value and practical significance to enhance the credibility of the judiciary. According to the relationship between the civil and administrative disputes, housing registration cases terms for cross question there are three main types of the main civil disputes, the main administrative dispute and both civil and administrative disputes. Its reason is in many aspects, factors are both in modern society, the expansion of executive power and it is difficult to register the public power requirements lead to meet housing form examination registration, and administrative litigation and civil litigation purpose caused by different. For civil and administrative crossover questions about housing registration in the case of our country legislation mainly processing "Civil Procedure Law", "administrative procedure law" and relevant judicial interpretation of the relevant provisions, the provisions of these laws and regulations and the judicial interpretation is mixed, and the existence of conflicting phenomenon between various provisions. This leads to the trial process of China’s housing registration case, the people’s court when dealing with cross cutting issues of the public not know what course to take, the specific practices vary, and there are mainly three kinds of patterns:the first civil dispute then administrative dispute, the first administrative dispute then civil disputes and merge trial etc. In view of our country housing registration cases the existence intersection problem to deal with the problem, constructs our country housing registration case civil and administrative crossover problem for resolving mechanism, we should follow the basic principles of judicial unity, stereo protection, efficiency of the proceedings, the choice of merge trial system processing mode. Determined by the same judicial organization trial of housing registration cases, clear all the main housing registration in the case of common to participate in the proceedings, the establishment of a unified housing registration case guidance system, rationalize housing registration case trial operation procedure, in order to make the problem of housing registration in the case of civil and administrative crossover for a one-time solved thoroughly.